ANURADHIKA Vs. ADDITIONAL DISTRICT JUDGE AZAMGARH

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner. 2. Perused the order impugned dated 13 -12 -2001 passed by the Election Tribunal, a copy whereof is filed and marked as Annexure -7 to the writ petition.

(2.) BY filing the instant writ petition the petitioner questions the legality and validity of the order impugned passed by Additional District Judge (Court No. 1), Azamgarh whereby inspection of ballot papers is directed in an election petition filed by respondent No.2.

(3.) IT is submitted by the learned Counsel for the petitioner that indefinite allegations cannot be basis for directing inspection of ballot papers. It is urged by the learned Counsel for the petitioner that inspection of ballot papers in an election petition can be ordered only if election petition contains an adequate statement of all the material facts on which the allegation of irregularity or illegality in counting is founded supported with evidence to prima -facie believe that there has been mistake in counting. Lastly, it is submitted that Election Tribunal can order for inspection of ballot papers only in such a situation where passing such order is imperatively necessary to decide the dispute and to do complete justice between the parties. In support of his aforesaid contention he placed reliance on a decision rendered by the learned Single Judge of this Court in case of Ashok Jain Advocate v. XIIIth Additional District Judge, Agra and others, reported in 2000 (1) JCLR 281 (Allahabad.)